Update
10 October 2024 – the Employment Rights Bill (ERB) was introduced into Parliament.
7 July 2025 – the Government published significant amendments to the ERB.
14 July 2025 – first sitting of the House of Lords to review the ERB.
16 July 2025 – second sitting of the House of Lords to review the ERB.
21 and 23 July 2025 – further sittings of the House of Lords to review the ERB.
September 2025 – the ERB will return to the House of Commons for the final stages and for Royal Assent.
Three-year implementation plan
The Government has now published its official roadmap for implementing the ERB. Think of it as a three-year timeline that gives employers breathing space to adapt to sweeping workplace changes.
Rather than overwhelming businesses with immediate upheaval, the phased approach spreads implementation from 2025 through to 2027. See below for details:
Immediate changes (once ERB becomes law)
- The Strikes (Minimum Service Levels) Act 2023 is set to be repealed.
- Alongside the repeal of the Trade Union Act 2016.
- Protection against dismissal for taking industrial action.
- Removal of the ten-year ballot requirement for trade union political funds.
- Simplifying industrial action notices and industrial action ballot notices.
April 2026: the first wave
This date marks significant changes across several areas.
- Paternity leave and unpaid parental leave become ‘day one’ rights – no more waiting periods for new fathers.
- The lower earnings limit and waiting period for Statutory Sick Pay disappear entirely.
- Maximum protective awards for collective redundancies will double.
- The new Fair Work Agency launches, bringing enhanced enforcement powers.
- Trade union recognition processes will be simplified, with new electronic and workplace balloting options.
- Enhanced whistleblowing protections also take effect (possibly making sexual harassment reporting a protected disclosure TBC).
October 2026: tackling workplace practices
The autumn brings measures targeting problematic employment practices:
- Ban on dismissal and re-engagement (fire and re-hire).
- Employers will be under a legal requirement to take ‘all reasonable steps’ to prevent sexual harassment.
- Employers are to prevent third-party (clients and customers) harassment of employees.
- Tips allocation becomes fairer and tighter.
- Trade union representatives will benefit from enhanced rights and protections.
- Extension of time limits for employment tribunal claims to six months.
2027: The big changes
The final phase introduces the most substantial protections for workers:
- Unfair dismissal becomes a ‘day one’ right by removing the existing two-year qualifying period.
- Dismissal protections for pregnant employees and new mothers are being strengthened.
- Day one right to bereavement leave.
- Zero hours contracts measures for zero hours and low hours contract workers together with agency workers (duty to offer guaranteed hours contracts, provide reasonable notice of shifts and pay compensation for cancelled shifts).
- New collective redundancy consultation threshold.
- Introduction of reasonableness requirement to refuse flexible working requests.
What this means for your business
The phased timeline isn’t accidental. It recognises that meaningful workplace change requires preparation, not panic. Employers can use this breathing space to review contracts, update policies, change practices, and train managers.
Employers should consider conducting an employment law audit now. Which areas of your business will the changes affect most? How will ‘day one’ unfair dismissal rights change your recruitment process? What further steps do you need to take to prevent sexual harassment?
The Government promises comprehensive guidance before each implementation deadline but waiting for official guidance isn’t always the best strategic approach. Preparation in good time can give businesses the competitive advantage, making them look more attractive to potential new recruits together with lowering any compliance risks and warding off any employment disputes (internal or external).
Planning your response
Forward thinking employers will use this roadmap to their advantage and start planning now for the significant changes that will be witnessed over the next three years.
Remember, further consultations are planned throughout this period. The final details may shift, but the broad direction is clear: worker rights are expanding significantly, and employers need to adapt accordingly.
The ERB represents the biggest shake-up of workplace law in decades. But with three years to prepare and a clear roadmap, it’s entirely manageable. It is advised to start implementing changes now rather than waiting until the deadline.
For specific advice on how these changes might affect your business, contact our employment law team. We’re here to help you navigate this transition smoothly and confidently.
How can we help?
Rachel Hatton is a Partner in our expert Employment Law team.
Rachel has a strong reputation in all aspects of employment law, both advising employers generally on how to deal with employees in the workplace (covering disciplinary and grievance matters, redundancy, TUPE etc) together with extensive Employment Tribunal litigation experience covering complex discrimination, whistleblowing and dismissal claims and also has particular experience in developing HR support services for businesses.
At Nelsons, our employment law team in Derby, Leicester, or Nottingham can provide tailored advice on how the WEC report might affect your business or professional practice. For more information or to discuss your specific circumstances, please call 0800 024 1976 or contact us via our online enquiry form.
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